Ordered that the order is modified, on the law, by deleting therefrom the provision denying that branch of the defendant's motion which was to dismiss the complaint and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs.
Assuming the allegations of the complaint to be true, the oral agreement under which the plaintiff seeks to recover constitutes a voluntary, prospective arrangement for the splitting...
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